Motion Filed To Dismiss Charges In Sign Permit Case
A Gouverneur contractor who claims the town is trying to stifle his freedom of religious speech wants a sign permit violation against him dropped.
Attorneys for Dan Burritt want charges he violated the town’s sign ordinance dismissed.
Burritt put gospel messages on both sides of a parked storage trailer on property he owns along Route 11.
Town officials say the semi-trailer is nothing more than a billboard, which requires a permit.
But Burritt’s attorneys have filed a motion with the court requesting the charge be dismissed claiming it is “unlawful and unconstitutional.”
“The town is singling out Dan Burritt to be prosecuted while they freely allow commercial messages of the same kind. But, Christians have a constitutional right not to be treated like second class citizens when they speak about their faith,” said Matt Bowman, legal counsel with the Alliance Defense Fund.
Despite a similar unlicensed Kinney Drugs trailer with a commercial message parked along the road, town officials have not issued the company any citations.
Town Attorney Henry Leader says the issue isn’t about religious freedoms.
“This is simply a matter of complying with the law. Even though Mr. Burritt has the where with all to make his position widely known, he is still not above the law,” said Leader.
Burritt’s case was to have gone to trial next week but has been adjourned.
The judge will now have to decide whether charges should be dismissed or rescheduled for trial.
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21 Responses to “Motion Filed To Dismiss Charges In Sign Permit Case”
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Another case of local governments not having a clue. Instead of realizing the stupidity of their situation they blunder on blindly.
The Kinney trailer, or any other commercial vehicle with signage is a perfect example of why this gentleman has done nothing wrong.
This is the mans property in which he pays taxes on and he should be allowed to have this on his property if he wishes.
Put a truckon it and move it once a while and call it a utilty trailer.
i pray that it is about time an indivigual has the right to say what he wants on his personal propertyabout his personal beleifs.god blees you
this meassage fills my heart knowing dan has the forditude to say what he wants on his own properdy.it is free speeck plain and simple.
Mr Burritt,
Promoting your belief’s is a turn off,” just another religious [person; edited to remove negative personal comment] looking for attention”, perhaps a bit of humility would be in order, take the message on your van and put it where it belongs, in your heart, after all you can’t lead a horse to water, people either. Be a good neighbor, let it go Dan, has it says in the book thy will be done, that’s is not about your will…….know what I mean?
i drive by that sign everyday on my way to work in watertown and have never had a problem with it being there it lets me know that i am almost home and it let me know that somone is looking out for me . I saw leave the man alone he is not hurting anyone and just let him keep his trailer on his property without taxing him for more stuff so the goverment can get richer .
Amen to mr Dan burritt ///for his boldness and his believe. i pray and hope this message reaches alot of people.
GOD bless you and your family. You will be truly blessed for this. we are to be willing to suffer the prosecution for JESUS CHRIST.
take care
terri
Your town officals should get out of their cacoon, come out of the dark ages & travel the Intersates from the North Country to the tip of Florida and see the Religious and Military messages traveling the roads, and on Billboards on trucks on roadside stands all over our wonderful country, its our right. I suppose if the company with the 52 foot Marine Corps Sabre painted on their trailers with the words “Earned never Given “, were parked there your town board would make them move it saying it was it was in violation because it is a military recruitment.
Too much government, too many elected officials with too much time on their hand. This is like congress being worried about baseball while the country goes broke.
Unfortunately, people don’t realize that Mr. Burritt’s large trailer is not simply a “billboard” with a religious message, it is an advertisement for Jimmy Swaggart Ministries. I am surprised that no one has called attention to the fact that there is a web address listed on the trailer as http://www.jsm.org, which is a link to Jimmy Swaggart Ministries. Mr. Burritt may have found Jesus through Swaggart, but many Americans think that Rev. Swaggart is a lying, hypocritical, snake oil salesman in the best tradition of Elmer Gantry. Mr. Burritt is free to give his money and time to whatever religious charlatan he prefers, but what he is doing is advertising Swaggarts ministry. However, that being said, if the town did not go after Kinney Drugs for an illegal billboard, they should leave Mr. Burritt and his fantasies alone.
I believe town officials have to much time on their hands….The question posed to them should be….Will they be living in enternity or not??? What are property taxes for if we don’t have the freedom to as we wish on our property… If people don’t like what it says then they don’t need to read it. MY family supports The Buritt Family and if I had a big enought piece of property I would post the same thing…God bless him the lord will see him through…
I think he has a right to say what he wants on his property.Would people be wanting it gone if it said something other than what it does?
The guy is clearly aware of the “spirit of the law”.
At what point does personal expression equal advertising?
Obviously, he is being singled out due to the religious/personal nature of the message. The reasonable test for this kind of case would have to be some kind of offensiveness threshold. Otherwise they need to clarify the ordinance being used. There is precedent for regulation and punishment based on offensive or profane content in advertising. Is this an “eyesore”? If so, then all of Route 11 is included.
Oddly enough, the free market aka “public opinion” usually responds faster and is more effective in regulating advertising message issues. Brand marketers want to gain audience, not lose them. I actually find this kind of message rather amusing and more engaging than regular advertising. Sort of like seeing the crazy people on the street when I visit the big city. He should find a sponsor for that truck.
Most towns have a sign ordinance - clearly this is intended to be a sign and is not to be used as a truck and is probably in violation (I don’t know the actual ordinance in Gouverneur) . I wonder if folks would be fine with someone putting up a radical political sign in the same manner?
Tourpro wrote hat Mr. Burritt “should find a sponsor for that truck.” Please read my earlier posting (6:18 am) in which I explain that the website http://www.jsm.org is stenciled on the truck trailer and that website belongs to none other than Jimmy Swaggart Ministries. I’m not 100% certain, but it appears as though Jimmy Swaggart Ministries is sponsoring this advertising.
Also, Ed (7:54 am) made a valid point, how many of us would agree with Mr. Burritt violating the “spirit of the law” if he his sign was politically radical in nature. I’ll go one further, what if his truck-trailer advertisement was a message promoting the Islamic faith or even an atheistic viewpoint? If that were the case, I’d wager that many of those who find nothing wrong in this instance would be complaining the loudest about the need to regulate “free speech.”
Town Attorney Henry Leader is also a corporate attorney for Kinney Drugs, so let the hypocrites be. You go Dan!
People who don’t go to church shouldn’t have to look at signs that promote god! Thats what a church is for. Keep it in the church.
as a former Gouverneur resident I say shame on on those who are hassling this resident. Is there nothing else you could do with the taxpayer’s time and money??? Has Kinney Drugs not made enough money and is their attorney that bored??
You don’t say where the Kinney trailer is, would it be in thier warehouse parking lot? Dan is the first person to judge someone and to voice on what he thinks is right or wrong. So he can get off his high horse as far as I feel maybe he should read his own sign,
I personally look forward to seeing his truck and try to read both sides so I get the full message. It is an encouragement to me as I drive to and from Watertown or Syracuse. The truck is on his own property and he pays taxes so leave him be. I agree that if it were supporting some religion, no one would have complained. People just seem to have trouble seeing scripture and what it stands for - Jesus and the Bible. Mr. Burritt is being singled out for what he believes and God will bless him for it.